(Download) "State Wisconsin v. Terrance Montgomery" by United States Court of Appeals for the Third Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. Terrance Montgomery
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 01, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is a review of a court of appeals decision, State v. Montgomery, 142 Wis. 2d 707, 419 N.W.2d 316 (Ct. App. 1987), which reversed an order of the circuit court for Rock county, Honorable Edwin C. Dahlberg, Judge. The decision directed the circuit court to grant Defendants, Terrance Montgomerys, (Montgomery) motion to dismiss the criminal complaint charging him with sexual assault, kidnapping, and false imprisonment, committed while he was a juvenile. This is the second time Montgomerys motion to dismiss was before the court of appeals. After being charged in adult criminal court, Montgomery had moved the court to dismiss the complaint on the theory that the State of Wisconsin (State) intentionally or negligently failed to commence the action in juvenile court before Montgomery turned eighteen years of age. The circuit court denied Montgomerys request. The court of appeals in the first appeal issued an unpublished order, State v. Montgomery, (No. 84-297-CR-LV) (Ct. App., March 15, 1984), which remanded the case for an evidentiary due-process hearing to determine whether the prosecution of Montgomery had been done with "due dispatch." At the evidentiary hearing, the circuit court held the State had not intentionally nor negligently failed to charge Montgomery. Montgomery appealed this second decision. In the second appeal, the court of appeals held that "a negligent failure to bring a charge promptly which deprives a defendant of the opportunity to oppose a waiver of juvenile jurisdiction warrants dismissal of criminal charges in adult court." Montgomery, 142 Wis. 2d at 711. The court of appeals reversed the circuit courts order denying dismissal and remanded the case with directions to grant Montgomerys motion to dismiss.